Financial Claims After Divorce
Can my Husband/ Wife make financial claims against me after we are divorced?
The majority of people wrongly believe that once they are divorced, their financial claims against one another are automatically dismissed. This is not true, as shown in the case below.
In the case of Wyatt v. Vince, the Wife applied for financial relief, 19 years after the Decree Absolute had been pronounced.
After much negotiation, the parties reached a financial settlement.
The Court was asked to approve the same at a subsequent Hearing on 20 May 2016.
The issues which were before the Court were as follows:
- Whether the Court should approve the settlement.
- Whether the terms of the settlement should be made public.
- If the Husband should pay the Wife’s costs of the Hearing.
The Court ruled that the terms of the settlement were reasonable and the Wife was entitled to receive a modest sum following the breakdown of her marriage some years earlier.
Therefore, the Court approved the Consent Order.
In addition, the Court confirmed that it would be desirable for this case to be reported, given it showed a powerful and fundamental principle of open justice.
Finally, the Court ordered the Husband to pay the Wife’s costs.
In view of the above, in order to dismiss your claims against each other into the future, you will see that it is essential you secure a Consent Order, documenting your financial settlement in agreed terms.
However, most importantly, to ensure the settlement is binding, the Consent Order must be signed by both parties and approved by the Court.
If you wish to secure a Consent Order, or would like to discuss matters relating to the finances, please contact our offices on 01323 727321 to arrange an appointment and we will be happy to discuss this with you.
Please note that the family department offer a free initial 30 minute interview to provide general advice and guidance in relation to your matter.
Eastbourne, Hailsham, Polegate, Meads
